HB 1873

1
A bill to be entitled
2An act relating to the Budget Stabilization Fund; amending s.
3215.32, F.S.; authorizing prepayments of transfers to the Budget
4Stabilization Fund; providing that certain prepaid amounts are
5not to be considered as part of other maintained funds;
6authorizing funds to be withdrawn under certain circumstances;
7providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Paragraph (c) of subsection (2) of section
12215.32, Florida Statutes, is amended to read:
13     215.32  State funds; segregation.--
14     (2)  The source and use of each of these funds shall be as
15follows:
16     (c)1.  The Budget Stabilization Fund shall consist of
17amounts equal to at least 5 percent of net revenue collections
18for the General Revenue Fund during the last completed fiscal
19year. The Budget Stabilization Fund's principal balance shall
20not exceed an amount equal to 10 percent of the last completed
21fiscal year's net revenue collections for the General Revenue
22Fund. As used in this paragraph, the term "last completed fiscal
23year" means the most recently completed fiscal year prior to the
24regular legislative session at which the Legislature considers
25the General Appropriations Act for the year in which the
26transfer to the Budget Stabilization Fund must be made under
27this paragraph.
28     2.  By September 15 of each year, the Governor shall
29authorize the Chief Financial Officer to transfer, and the Chief
30Financial Officer shall transfer pursuant to appropriations made
31by law, to the Budget Stabilization Fund the amount of money
32needed for the balance of that fund to equal the amount
33specified in subparagraph 1., less any amounts expended and not
34restored. The moneys needed for this transfer may be
35appropriated by the Legislature from any funds.
36     3.  Unless otherwise provided in this subparagraph, an
37expenditure from the Budget Stabilization Fund must be restored
38pursuant to a restoration schedule that provides for making five
39equal annual transfers from the General Revenue Fund, beginning
40in the fiscal year following that in which the expenditure was
41made. For any Budget Stabilization Fund expenditure, the
42Legislature may establish by law a different restoration
43schedule and such change may be made at any time during the
44restoration period. Moneys are hereby appropriated for transfers
45pursuant to this subparagraph.
46     4.  The Budget Stabilization Fund and the Working Capital
47Fund may be used as revolving funds for transfers as provided in
48s. 17.61; however, any interest earned must be deposited in the
49General Revenue Fund.
50     5.  The Chief Financial Officer and the Department of
51Management Services shall transfer funds to water management
52districts to pay eligible water management district employees
53for all benefits due under s. 373.6065, as long as funds remain
54available for the program described under s. 100.152.
55     6.  The Legislature may prepay amounts into the Budget
56Stabilization Fund as authorized in a general appropriations
57act. The prepayment may constitute all or a part of the amount
58estimated to be due in a specifically designated subsequent
59year. If the prepaid amount does not equal the minimum transfer
60required as determined in subparagraph 2., additional
61appropriations must be made by law to ensure that the full
62transfer is made. Amounts prepaid into the Budget Stabilization
63Fund pursuant to this subparagraph are not to be considered a
64part of the amount required to be maintained in the Budget
65Stabilization Fund pursuant to Article III, section 19(g) of the
66Florida Constitution and may be withdrawn without being subject
67to repayment, provided that after the withdrawal, the fund's
68principal balance exceeds the minimum amount required by
69subparagraph 1.
70
71     Section 2.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.